How to challenge a state of exit?

When you are a tenant and an inventory of the places of exit from an apartment or house rental, it is sometimes possible that some discrepancies arise. How to challenge a proper release inventory with the landlord? We explain everything about this simple procedure of challenging the condition of a dwelling by the tenant.

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  • Tenant: your inventory of places of exit
  • Note the disagreements before signing the inventory of the premises
    • Preventing before the signature of the state of the places of exit
  • State of housing: the letter of dispute
  • Call a conciliator or refer the Tribunal
  • to act before the inventory to avoid any disagreements

Tenant: your state of exit

An inventory of the premises First and foremost, the owner can make all checks relating to the condition of the apartment or house. For the tenant, it is a matter of proving that the rental unit has been properly maintained (if applicable). If this is the case, the tenant can recover his security deposit (or deposit), paid at the time of signing the lease agreement.

However, disagreements may arise over the condition of certain items for rent. The owner believes that the condition of the housing has deteriorated more than usual (state of wear) and you are struggling to prove to him that the degradation or failure was pre-existing? Do not panic, it is possible to challenge an inventory of the places of exit.

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Record disagreements before signing the inventory

To begin with and in order to protect yourself, we can only encourage you to note all the Disagreements, even the most insignificant at first glance, at the time of the inventory and before signing . The inventory of the places of exit is usually drawn up together, in the presence of the tenant and the landlord.

Maintenance, repair, degradation, state of wear … All reasons exist to turn against a tenant. Sometimes this is done rightly, but sometimes, wrongly. If the disagreements are too large about the condition of the dwelling, the tenant can quite refrain from signing the inventory of the places of exit. Indeed, a signature of the state of exit marks the approval of the tenant. The latter could not recover his security deposit and may be forced to pay repairs.

To protect themselves before the signature of the state of exit

Our advice : for with each equipment and material being assessed “in poor condition”, make the request for comparison with the state of entry . This simple operation (but often forgotten!) allows to detect pre-existing signs of fragility of apartment or house equipment.

Remember: the main challenge is to demonstrate that the tenant does not do anything about the natural aging of materials (paint, wallpaper, carpet, etc.) It would therefore not be a maintenance defect but normal wear and tear.

State of housing: the letter of dispute

If conflict can sometimes be tenacious, consider first and foremost trying to settle matters amicably. The tenant thus avoids prosecution and legal proceedings. To challenge the state of exit from a dwelling, it must send a contestation letter of the state of exit :

  • Send a registered letter with acknowledgement of receipt explaining the points of disagreement;
  • Also ask to make a second inventory free of charge;
  • Specify in detail and list the elements of disagreement;
  • Set a deadline of 10 to 30 days for your owner;
  • In the absence of a reply (possibility of clarifying this), the Magistrate Court may be brought before it.
  • Specify that if the second inventory of the dwelling is carried out by a bailiff, the bailiff is paid. The cost must then be shared between the landlord and the tenant.

Appeals to a conciliator or bring the matter before the Tribunal

If despite all your steps, the landlord does not want to settle things amicably, then you have two choices

:

  • The tenant can use a conciliator as part of your tenancy file;
  • The tenant of the accommodation may apply to the Court of First Instance as a last resort.

When leaving a dwelling, the tenant must protect himself and prepare his inventory upstream.

Acting before the inventory to avoid any disagreements

Nothing more braiding and unpleasant than having to challenge a state of exit in front of an agency or its owner. To avoid this bad moment, it is better to inquire carefully before you even make an inventory of the places of entry. This is why you can read the advice on the inventory of real estate – danger. You will know so:

  • What kind of inventory is paid or not
  • What you absolutely need to check and note for an inventory
  • The main ones elements of contests identified during an inspection of the places of exit, so that you will be particularly attentive
  • How and when your deposit will be returned
  • How to terminate your lease. Be aware that if the state of exit was shifted by the agency or because of the national health crisis, you must absolutely empty the premises and give back the keys to the agency or owner as soon as possible, otherwise you will be asked to pay the rent in addition.

By reading all the information on this site, you will be much more serene, especially if it is your first accommodation. So take the time toread.

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